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2025 DAILYLAW 91735 (ALL)

M/S R.K. TRANSPORT & CONSTRUCTION ITD v. STATE OF U.P. AND 2 OTHERS

WRIC/30596/2025 · 2025-09-10

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30596 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner and Sri Kartikeya Saran, learned Additional Advocate General assisted by Ms. Priyanka Midha, learned Additional Chief Standing Counsel for the State respondents. 2. The petitioner by means of the present petition has assailed the order dated 25.6.2025 passed by the respondent no.2. 3. A preliminary objection has been raised by Sri Kartikeya Saran, learned Additional Advocate General, that against the order impugned, there is a statutory remedy of appeal under Rule 79 of the U.P. Mines and Minerals (Concession) Rules, 2021. 4. The aforesaid fact is not disputed by the learned counsel for the petitioner. 5. In such view of the fact, the writ petition is dismissed on the ground of alternative remedy. In case, the petitioner prefers an appeal against the impugned order within a period of one month from today, the Appellate Authority shall decide the appeal on its merits without entering into the question of limitation and shall not dismiss the same on the ground of limitation and laches. September 11, 2025 Gaurav Versus Counsel for Petitioner(s) : Manish Singh, Sushma Singh Counsel for Respondent(s) : C.S.C. (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) M/S R.K. Transport & Construction Itd .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad